Statement of Estonia at the Second Formal Meeting in the Intergovernmental Process on Strengthening Respect for International Humanitarian Law

Geneva, 10 April 2017

Thank you Mr Chair

Estonia commends theICRC for the report, which we consider as complete, accurate in fact andcomprehensive in relevant substance as to the existing mechanisms dealing withIHL. With regard to our approach to the report, interpreting its conclusionsand the next steps to take, we are glad to echo statements made by Norway andothers.

To begin with, weconsider it unnecessary to further assess the effectiveness of the existingmechanisms. This is firstly due to such assessment being outside the scope ofthe agreed mandate of this process, as has been previously mentioned by severaldelegations. More fundamentally for us, the question is not whether the currentmechanisms are effective in fulfilling their tasks, but whether their scope issufficient for reaching the goals that we set in Resolution 2. We thereforepropose concentrating on the question of scope, rather thaneffectiveness.  

Regarding the scope ofthe current mechanisms, we recognize the importance of avoiding duplication inthis process, also raised by a number of States today. However, the conclusionthat Estonia has drawn from this report is that none of the current mechanisms,as they exist today, fulfil all of the criteria for strengthening IHL that weset by consensus at the 32nd Conference.

Now, if this conclusion iscontested and it is proposed that such a mechanism does in fact exist, we askfor these States to present that mechanism and explain how it fulfils all ofthe criteria that we have together agreed upon in Resolution 2.

Until such a proposalhas been brought to our attention, we consider that: the ICRC report isconclusive, that no qualifying mechanism exists, and that therefore a gapexists. Estonia looks forward to concentrating on how we could overcome thisgap, proceeding with the discussion on features and functions of the possibleforum of States. This discussion could also inform us about the possibleconcerns regarding the potential of that forum to fulfill all of theestablished criteria, and the steps we could take to overcome them.

Thankyou